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  • Trial upcoming

    How many have actually been TO TRIAL? TRIAL BEFORE A JUDGE, WHERE HE/SHE MAKES A RULING RE: SPOUSAL SUPPORT,,,?

    What is this like? What can I expect?

    Is there still room between two lawyers to try and negotitate out ''stuff'' before trial? Or, is it, that once a trial date is set, THAT'S IT?

    Thanks.

  • #2
    I've not been to trial, I am certain others will chime in, but you can read many posts here for yourself about offers, which can usually be considered right up until the trial starts.

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    • #3
      For only Spousal Support, it won't be much. You'll both explain what amount it should be and for how long, and then the judge will decide.

      Agreements are often made on the day of trial, that's why offers will usually say "this offer is good up until 1 minute after trial begins"...

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      • #4
        Been to Trial. The Judge often reserves his/her decision. The judgment can take weeks or months to be delivered.

        At trial, there are opening arguments (by the applicant's lawyer), examination in chief and cross-examination by the other party's lawyer.

        Applicant goes first, Respondent Second. For closing arguments, it is the Applicant's counsel that speaks last.

        You can read TONS of trial decisions on CanLII

        You should also read the book (available at most libraries) "Surviving Your Divorce," (5th Edition) - by Michael Cochrane, a Family Lawyer.

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        • #5
          HappyDays is correct. Often people decide to settle just moments before trial. Supposedly there's something about 'walking through those doors' that comes over (some) litigants and causes them to re-consider. I did not experience that.

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          • #6
            That abundance of fear… What if the judge takes away my support and then hits me with all the costs?!

            …but I’m sure you’ll be fine.

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            • #7
              OR: what if I get nailed for even HIGHER support and costs?! A wise (potential) payor would consider THAT ^

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              • #8
                I don't think the OP is going to trial for just SS.

                WITL: What are the issues to be decided? Custody/access? Support? Any property/equalization matters to be determined?

                Have any issues been settled prior to heading to Trial?

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                • #9
                  As far as I remember, she always said that all the issues have already been settled. The ex is currently paying minimal ss, but is now bringing her back to court to try and get the ss reduced and for less time.

                  The only negative that will go against the OP is that she was told to find a job, and while she has tried very hard to, she hasn't been able to. As long as she focuses on what she needs to say, and not previous comments of need to do homework, put kids to bed, or can't work nights/weekends, she should be ok.

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                  • #10
                    ^ got it ^ Thx for the update

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                    • #11
                      Speaking of trials, I am scheduled to go in a few weeks, although presumably there will be another settlement conference sometime in between. I contacted my lawyer last week and was told that she would get to it next week. How much time do we need to prepare? Seems like she's leaving it to the last minute and I told her before that I didn' t like to wait until the last minute to do everything.

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                      • #12
                        yes, it is only about spousal support and its length to be paid.

                        The judge said in our second meeting, that she would allow me more time to try and get work, but it has been hopeless. The job market is bad and my old skills seem obsolete Can't work nights beause of kiddies. Not like I would be paid a nurses job to compensate for working a night job. judge had said, get a job, or enrol in school. So I applied and got accepted. But, I continue to look for work, JUST IN CASE and then I can drop out from school before it starts, saving myself a ton of money in debt.

                        Ex is not happy with this either. That I got accepted back to school. Now he wants to go back and tell the TRIAL JUDGE, I need to work. Why? Because my alwyer was going to ask for more more, while I am in school f/t.....i,e daycare share of costs,,,. I just can't seem to win.

                        I am going into trial alone. I don't know how to prepare, what to prepare.

                        Thoughts on my situation?

                        God bless you all.

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                        • #13
                          What are the current orders for ss in terms of amount and length?
                          Are you hoping they stay the same, or what do you want to change them to?
                          What does your ex want to change them to and what's his reason for it?

                          It's too bad you couldn't get work, but the fact that you got accepted for school should save you. Make sure you get OSAP and are fully enrolled into the program. Go into court with all the information on the program start/finish dates and the amount you hope to earn once complete.

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